Document Q5xQqpeQNperQZ3nLZNaV1o

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 September 23, 2021 TRANSMITTED VIA EMAIL Mr. Jeffrey W. Gifford Vice President HSSE Manta Ray Gathering Company, LLC 919 Milam, Suite 2100 Houston, TX 77002 jeff.gifford@genlp.com Re: Administrative Order, Docket Number: CWA-06-2021-1737 NPDES Permit: GMG290159 Dear Mr. Gifford: Enclosed is an Administrative Order (AO) issued by the United States Environmental Protection Agency, Region 6 (EPA) to Manta Ray Gathering Company, LLC for violations of the Clean Water Act, 33 U.S.C. 1251-1387. This AO requires Manta Ray Gathering Company, LLC to comply with the provisions set forth in the attached AO for violations identified during a review of effluent and non-receipt Discharge Monitoring Reports from January 1, 2018, to March 31, 2021. Other violations were also identified during a Bureau of Safety and Environmental Enforcement (BSEE) inspection conducted on March 29, 2021 (ID No. 207365535) that was submitted to EPA. EPA requests that you immediately confirm receipt of this email and the attached AO by a response e-mail to angove.sharon@epa.gov. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of receipt of this AO. EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program, and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2021-1737 and NPDES Permit Number GMG290159 in your response. The EPA acknowledges that the COVID-19 pandemic may impact your business and operations. If this is the case, please contact us regarding any specific issues you need to discuss. If you need additional time to respond to this AO or if you have any questions relating to this AO, please contact Ms. Sharon Angove, of my staff, at (214) 665-6472. Sincerely, Digitally signed by CHERYL SEAGER ON: c=US, o=U.5. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.09.23 15:51 :29 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: T.J. Broussard, Regional Environmental Officer t.j.broussard@bsee.gov U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER In the Matter of: Manta Ray Gathering Company, LLC Docket No.: CWA-06-2021-1737 NPDES No.: GMG290159 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA) by Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who further delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. Manta Ray Gathering Company, LLC (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order, Respondent owned or operated offshore oil and gas production and/or exploration facilities located in the Central and Western Portions of the Gulf of Mexico in the Outer Continental Shelf (facilities), and is, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. The mailing address for Respondent is 919 Milam, Suite 2100, Houston, TX 77002. 3. At all relevant times, the facilities are considered "point sources" of "discharges" of "pollutants" to the receiving waters of the Gulf of Mexico, which is considered a "water of the United States" within the meaning of Section 502(12) and (14) of the Act, 33 U.S.C. 1362(12), (14), and 40 C.F.R. 122.2. 4. Because Respondent owns or operates facilities that act as point sources of discharges of pollutants to a water of the United States, Respondent and the facilities are subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 6. Section 402(a) of the Act, 33 U.S.C 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to specific terms and conditions prescribed in the applicable permit. 7. Pursuant to Section 402(a) of the Act, 33 U.S.C. 1342(a), EPA issued the "Final NPDES General Permit for New and Existing Sources and New Dischargers in the Offshore Subcategory of the Oil and Gas Extraction Category for the Western Portion of the Outer Continental Shelf of the Gulf of Mexico" (GMG290000) (permit), which was reissued and took effect in its current form on October 1, 2017, 77 Fed. Reg. 61605. The permit authorizes discharges from new sources, existing sources, and new dischargers in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category (40 C.F.R. Part 435, Subpart A) by operators of lease blocks located in Federal Waters of the Central and Western Portions of the Gulf of Mexico. The permit does not authorize discharges from facilities located in, or discharging to, the territorial seas of Louisiana or Texas or from facilities defined as "coastal," "onshore," or "stripper" (40 C.F.R. Part 435, Subparts C, D, and E). The permit does, however, authorize the discharge of produced water to the Central and Western portions of Federal Waters of the Gulf of Mexico from wells located in lease blocks, and is available on the Internet at https://www.epa.gov/sites/production/files/2017-09/documents/ 2017_final_gp_for_fr_091817.pdf 8. Part I.B of the permit places certain limitations on the quality and quantity of effluent discharges by Respondent. Effluent limitations, prohibitions, and monitoring requirements are listed in Table 1 of Appendix F. 9. Part I of the permit requires Respondent to sample and test its effluent and monitor compliance with permit conditions according to specific procedures in order to determine the facilities' compliance or noncompliance with the permit and applicable regulations. Part II.D of the permit requires Respondent to file with EPA certified Discharge Monitoring Reports (DMRs) of the results of monitoring and Noncompliance Reports when appropriate. Docket Number: CWA-06-2021-1737 Page 2 of 4 10. A DMR file review was conducted by EPA for the monitoring period of January 1, 2018, to March 31, 2021. The file review included an inspection report by the Bureau of Safety and Environmental Enforcement (BSEE) conducted on March 29, 2021 (ID No. 207365535). Violations from the inspection report can be seen at Attachment C, which is incorporated herein by reference. The certified DMRs filed by Respondent with EPA show discharges of pollutants from the facilities that exceed the permitted effluent limitations as specified in Part I.B.1. through 12. of the permit. 11. Permit violations included multiple exceedances of the effluent limitations of deck drainage established in Part I.B of the permit, such as free oil. The DMRs showed multiple violations that are specified in Attachment A, which is incorporated herein by reference, for permitted features (0002 and 0012). 12. Part II.D.4 of the permit was violated in that Respondent had multiple non-receipt violations. The violations identified include: reporting an incorrect No Discharge Indicator (NODI) code "A" "General Permit Exemption" for produced water toxicity to EPA following the II.C.7.b quarterly monitoring periods. The DMR non-receipt violations are specified in Attachment B, which is incorporated by reference, for permitted feature (0014). Respondent must submit all missing DMRs sample analysis and limit sets to meet the requirements outlined in Paragraph 14 of this Order. 13. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit, as well as nonreceipt DMRs, is a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 14. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, EPA hereby orders Respondent to take the following action: A. Within thirty (30) days of the effective date of this Order, Respondent shall take such steps as necessary to comply with the effluent limitation provisions of the permit. B. Within thirty (30) days of the effective date of this Order, Respondent must certify compliance with the terms and conditions of the permit for violations in Attachments A, B & C. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide EPA with a list of all mechanical, management and operational deficiencies and a narrative describing the specific actions taken to correct all cited violations. D. In the event Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall submit a comprehensive written plan for the mitigation of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the mitigation of the violations within the shortest possible time, as well as measures to prevent these similar violations from reoccurring. Any approved compliance schedule will be incorporated and reissued in a future administrative order. E. If you have questions or comment on this matter, please contact Ms. Sharon Angove of my staff, at (214) 6656472. F. Any information or correspondence submitted by Respondent to EPA under this Order shall be addressed or emailed to the following: Ms. Sharon Angove Water Enforcement Branch (ECDWE) EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270 angove.sharon@epa.gov GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706, which states the scope of such review. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to forego any administrative or judicial, civil or criminal action to seek penalties, fines, or any other relief appropriate under the Act for the violations cited herein, or other violations that become known. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act can result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. Docket Number: CWA-06-2021-1737 Page 3 of 4 This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligations to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. September 231 2021 Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Digitally signed by CHERYL SEAGER DN: c=US, a=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.09.23 15:50:47 -05'00' Docket Number: CWA-06-2021-1737 Page 4 of 4 ATTACHMENT A NPDES ID(s): GMG290159 State: GM Major/Minor Indicator: Minor Violation Date: 01/01/2018 - 03/31/2021 Violation Type(s): Effluent Violation Environmental Protection Agency Integrated Compliance Information System (ICIS) Effluent Violations Report GMG290159 Created Date: 09/15/2010 Refresh Date: 08/12/2021 Report Version 1.5, Modified: 1/4/2017 Permittee Name: Permittee Address: Major/Minor Indicator: Compliance Track. Status: DMR Non Receipt Flag: RNC Tracking Flag: MANTA RAY GATHERING CO, L.L.C. 919 Milam, Ste. 2100 HOUSTON, TX 77002 Minor On On On Facility Name: Facility Location: MANTA RAY GATHERING CO, L.L.C. 919 MILAM, STE. 2100 HOUSTON, TX 77002 Violation Code E90 Monitoring Period End Date 12/31/2019 E90 06/30/2018 Monitoring Period From 10/01/2019 to 12/31/2019 From 04/01/2018 to 06/30/2018 Limit Set 0012-DD 0002-DD Primary SIC Code: Primary SIC Desc: Primary NAICS Code: Primary NAICS Desc: Cognizant Official: Cognizant Offcl. Ph.: Receiving Body: 1311 Crude Petroleum And Natural Gas TERRY L. HURLBURT, SR-VP-OPS 713-381-6595 GULF OF MEXICO Permit Issued: Permit Effective: Permit Expired: Permit Status: 10/01/2017 10/01/2017 09/30/2022 Effective Facility Information County: Harris Region: 06 State-Region: ICIS Effluent Violations Lease Area/Block Parameter West Cameron-167 82597 - Deck drainage, free oil Ship Shoal, South Addition-332 82597 - Deck drainage, free oil FRS ID: Federal Facility Ownership: Type of Ownership: 110011276001 Mon. Loc. 1 1 Value Type/ Stat. Base C3 QTRTOTAL C3 QTRTOTAL Reported Value/Units 1 d 1 d Limit Value/ Units <= d <= d DMR Non-Receipt Violations: Asterisks around a NODI Code (e.g. **X**) indicate the NODI code will not automatically resolve RNC. Schedule Violations: Schedule Type P - Permit, A - Administrative, J - Judicial Page 1 of 1 ATTACHMENT B NPDES ID(s): GMG290159 State: GM Major/Minor Indicator: Minor Violation Date: 01/01/2018 - 03/31/2021 Violation Type(s): DMR Non-Receipt Violation Environmental Protection Agency Integrated Compliance Information System (ICIS) DMR Non-Receipt Violations Report GMG290159 Created Date: 09/15/2010 Refresh Date: 08/12/2021 Report Version 1.5, Modified: 1/4/2017 Permittee Name: Permittee Address: Major/Minor Indicator: Compliance Track. Status: DMR Non Receipt Flag: RNC Tracking Flag: MANTA RAY GATHERING CO, L.L.C. 919 Milam, Ste. 2100 HOUSTON, TX 77002 Minor On On On Primary SIC Code: Primary SIC Desc: Primary NAICS Code: Primary NAICS Desc: Cognizant Official: Cognizant Offcl. Ph.: Receiving Body: 1311 Crude Petroleum And Natural Gas TERRY L. HURLBURT, SR-VP-OPS 713-381-6595 GULF OF MEXICO Permit Issued: Permit Effective: Permit Expired: Permit Status: 10/01/2017 10/01/2017 09/30/2022 Effective Facility Name: Facility Location: Violation Code D80 D80 D80 D80 D80 D80 Monitoring Period End Date 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 D80 12/31/2020 Facility Information MANTA RAY GATHERING CO, L.L.C. County: Harris FRS ID: 919 MILAM, STE. 2100 HOUSTON, TX 77002 Region: 06 State-Region: Federal Facility Ownership: Type of Ownership: ICIS Whole DMR and/or Individual Limit Set Non-Receipt Violations Monitoring Period Limit Set From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR Lease Area/Block East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 Parameter 51712 - Whole Effluent Toxicity [WET] - M. beryllina 51713 - Whole Effluent Toxicity [WET] - M. bahia 51726 - Critical Dilution TGP3E - Pass/Fail Static Renewal 7 Day Chronic Americamysis bahia TGP6B - Pass/Fail Statre 7Day Chronic Menidia TLP3E - Low Flow Pass/Fail Survival Test Static Renewal 7 Day Chronic Americamysis bahia TLP6B - Low Flow Pass/Fail Survival Test Static Renewal 7 Day Chronic Menidia menidia Mon. Loc. 1 1 1 1 1 1 DMR Value Q2 Q2 C3 C3 C3 C3 NODI Code **E** **E** **E** **E** **E** **E** 1 C3 **E** 110011276001 DMR Due Date 02/28/2021 DMR Submission Date 02/08/2021 DMR Late Flag 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 DMR Non-Receipt Violations: Asterisks around a NODI Code (e.g. **X**) indicate the NODI code will not automatically resolve RNC. Schedule Violations: Schedule Type P - Permit, A - Administrative, J - Judicial Page 1 of 2 ATTACHMENT B NPDES ID(s): GMG290159 State: GM Major/Minor Indicator: Minor Violation Date: 01/01/2018 - 03/31/2021 Violation Type(s): DMR Non-Receipt Violation Environmental Protection Agency Integrated Compliance Information System (ICIS) DMR Non-Receipt Violations Report GMG290159 Created Date: 09/15/2010 Refresh Date: 08/12/2021 Report Version 1.5, Modified: 1/4/2017 Violation Code D80 D80 D80 D80 D80 D80 D80 D80 D80 D80 Monitoring Period End Date 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 12/31/2020 Monitoring Period From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 From 10/01/2020 to 12/31/2020 ICIS Whole DMR and/or Individual Limit Set Non-Receipt Violations Limit Set Lease Area/Block Parameter Mon. Loc. DMR Value 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR 0014-PR East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 East Cameron, South Addition-373 TOP3E - NOEC Lethal Static Renewal 1 C3 7 Day Chronic Americamysis bahia TOP6B - NOEC Lethal Static Renewal 1 C3 7 Day Chronic Menidia menidia TPP3E - NOEC Sub-Lethal Static 1 C3 Renewal 7 Day Chronic Americamysis bahia TPP6B - NOEC Sub-Lethal Static Renewal 7 Day Chronic Menidia menidia 1 C3 TQP3E - Coef Of Var Statre 7Day Chronic Mysid. Bahia 1 C3 TQP6B - Coef Of Var Static Renewal 1 C3 7Day Chronic Menidia menidia TXP3E - LOEC Lethal Survival Static 1 C3 Renewal 7 Day Chronic Americamysis bahia TXP6B - LOEC Lethal Survival Static 1 C3 Renewal 7 Day Chronic Menidia menidia TYP3E - LOEC Sub-Lethal 1 C3 Reproduction Static Renewal 7 Day Chronic Americamysis bahia TYP6B - LOEC Sub-Lethal 1 C3 Reproduction Static Renewal 7 Day Chronic Menidia menidia NODI Code **E** **E** **E** **E** **E** **E** **E** **E** **E** **E** DMR Due Date 02/28/2021 DMR Submission Date 02/08/2021 DMR Late Flag 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/28/2021 02/28/2021 02/08/2021 02/08/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 02/28/2021 02/08/2021 DMR Non-Receipt Violations: Asterisks around a NODI Code (e.g. **X**) indicate the NODI code will not automatically resolve RNC. Schedule Violations: Schedule Type P - Permit, A - Administrative, J - Judicial Page 2 of 2 ATTACHMENT C NPDES ID(s): GMG290159 State: GM Major/Minor Indicator: Minor Time Frame of Non-compliance: 01/01/2018 - 12/31/2020 Environmental Protection Agency Non-compliance noted in BSEE Inspection Report Records Review Inspection 03/29/2021 GMG290159 Created Date:08/23/2021 Permittee Name: Permittee Address: Major/Minor Indicator: Facility Name: Facility Location: BSEE ID Number 207365535 207365535 Manta Ray Gathering Company, LLC 919 Milam, Suite 2100 Houston, TX 77002 Minor Platforms A&B Latitude: 28 degrees 06' 14.63" N Longitude: 90 degrees 47' 32.55" W Cognizant OCoffgicniiazla: nt Offcl. Ph.: Jeffrey W. Gifford, VP HSSE (713) 860-2542 Permit Issued: Permit Effective: Cognizant Offcl. email: Receiving Body: jeff.gifford@genlp.com GULF OF MEXICO Facility Location: B Ship Shoal 332 Region: 06 Permit Expired: Permit Status: BSEE ID Number: 207365535 10/01/2017 10/01/2017 09/30/2022 Effective Inspection Date 03/29/2021 PF/Limit Set 0002 - DD Non-compliance from BSEE Inspection Report Lease Area/Block Ship Shoal 332 Description of violations One day free oil discharge on quarter two 2018 DMR Violation Date(s) Permit Requirement Reported Value or Other 2nd quarter 2018 0 # Days # Days - 1 03/29/2021 0002 - WW Ship Shoal 332 Tier 3 Nipple on flange; deck to sump 05/21/2018 NRC Report #1212793 1 Gallon